The United States government classification system is established under Executive Order 13292, the latest in a long series of executive orders on the topic. Issued by President George W. Bush in 2003, Executive Order 13292 replaces earlier executive orders on the topic and lays out the system of classification, declassification, and handling of national security information generated by the U.S. government and its employees and contractors, as well as information received from other governments.
The desired degree of secrecy about such information is known as its sensitivity. Sensitivity is based upon a calculation of the damage to national security that the release of the information would cause. The United States has three levels of classification: confidential, secret, and top secret. Each level of classification indicates an increasing degree of sensitivity. Thus if one holds a top-secret security clearance, one is allowed to handle information up to the level of top-secret including secret and confidential information. If one holds a secret clearance, one may not then handle top-secret information, but may handle secret and confidential classified information.
In the United States, information may not, by law, be classified merely because it would be embarrassing or to cover illegal activity; information may only be classified to protect national security objectives of the nation.
The Restriction of NOFORN no longer applies to Australia or Britain when the matter concerns either a) military operations (including training) in which they are participating or b) the broader war on terror. It was reported that this change took place in July 2004 when President Bush signed a presidential decree changing US national disclosure policy.
Finally, information at one level of classification may be "upgraded by aggregation" to a higher level. For example, a specific technical capability of a weapon system might be classified Secret, but the aggregation of all technical capabilities of the system into a single document could be deemed Top Secret.
Use of information restrictions outside the classification system is growing in the U.S. government. In September 2005, J. William Leonard, director of the U.S. National Archives Information Security Oversight Office was quoted in the press as saying "No one individual in government can identify all the controlled, unclassified [categories], let alone describe their rules.
The former decision is "original" classification. A great majority of classified documents are created by "derivative" classification. For example, if one piece of information, taken from a SECRET document, is put into a document along with 100 pages of unclassified information, the document, as a whole, will be SECRET. Proper (but often ignored) rules stipulate that every paragraph will bear a classification marking of (U) for UNCLASSIFIED, (C) for CONFIDENTIAL, (S) for SECRET, and (TS) for TOP SECRET. Therefore, in this example, only one paragraph will have the (S) marking. If the page containing that paragraph is double-sided, the page should be marked SECRET on top and bottom of both sides.
An official authorized to do original classification, or an individual following rules in a classification guide, might legitimately, if confusingly, classify a collection of unclassified facts. Assuming that it was known that alien spaceships only appeared as blue-green-blue lights, that knowledge itself would presumably be TOP SECRET, with additional restrictions. If someone aware of that information then collected a set of news articles that only spoke of blue-green-blue light reports, the collection could be classified at the level of the most sensitive information, if the document were titled "Accurate Alien Sightings". That title itself would be classified, and, if the knowledge were TOP SECRET with the GREENMEN codeword, there would probably be an unclassified title written (U)Project X(TS-codeword), while the actual title would be written (TS-GREENMEN)Accurate Alien Sightings(TS-GREENMEN), indicating the title and contents were classified at that level. Note that the unclassified reference only said TS-codeword without revealing the codeword itself, codewords themselves being classified.
A review of classification policies by the Office of the Director of National Intelligence aimed at developing a uniform classification policy and a single classification guide that could be used by the entire U.S. intelligence community found significant interagency differences that impaired cooperation and performance. The initial ODNI review, completed in January 2008, said in part, "The definitions of 'national security' and what constitutes 'intelligence' — and thus what must be classified — are unclear. ... Many interpretations exist concerning what constitutes harm or the degree of harm that might result from improper disclosure of the information, often leading to inconsistent or contradictory guidelines from different agencies. ... There appears to be no common understanding of classification levels among the classification guides reviewed by the team, nor any consistent guidance as to what constitutes 'damage,' 'serious damage,' or 'exceptionally grave damage' to national security. ... There is wide variance in application of classification levels."
The review recommended that original classification authorities should specify clearly the basis for classifying information, for example, whether the sensitivity derives from the actual content of the information, the source, the method by which it was analyzed, or the date or location of its acquisition. Current policy requires that the classifier be "able" to describe the basis for classification but not that he or she in fact do so.
One of the reasons for classifying state secrets into sensitivity levels is to allow the level of protection to be tailored to risk. The U.S. government specifies in some detail the procedures for protecting classified information. The rooms or buildings where classified material is stored or handled must have a facility clearance at the same level as the most sensitive material to be handled. Good quality commercial physical security standards generally suffice for lower levels of classification; at the highest levels, people sometimes have to work in rooms designed like bank vaults (see SCIF). The U.S. Congress has such facilities inside the Capitol Building, among other Congressional handling procedures for protecting confidentiality. The U.S. General Services Administration sets standards for locks and containers used for storage of classified material. The most ubiquitous approved security containers look like heavy duty file cabinets with a combination lock in the middle of one drawer. Advances in methods for defeating mechanical combination locks have led the U.S. government to switch to electro-mechanical locks that limit the rate at which combinations can be tried out. After so many failed attempts these locks will permanently lock, requiring a locksmith to reset them.
Classified U.S. government documents are typically required to be stamped with their classification on the cover and at the top and bottom of each page. It is often a requirement that each paragraph, title and caption in a document be marked with the highest level of information it contains, usually by placing appropriate initials in parentheses at the beginning (or sometimes end) of the paragraph. It is common to require that a brightly-colored cover sheet be affixed to the cover of each classified document, to prevent observation of a possibly classified title by someone unauthorized (shoulder surfing) and to remind users to lock up the document when it is unattended. The most sensitive material requires two person integrity, where two cleared individuals are responsible for the material at all times. Approved containers for such material have two separate combination locks, both of which must be opened to access the contents.
There are restrictions on how classified documents can be shipped. Top secret material must go by special courier. Secret material can be sent within the U.S. via registered mail, and confidential material by certified mail. Electronic transmission of U.S. classified information requires the use of National Security Agency "Type 1" approved encryption systems.
Specialized computer operating systems known as trusted operating systems are available for processing classified information. These enforce the classification and labeling rules described above in software. However, as of 2005 they are not considered secure enough to allow uncleared users to share computers with classified activities. So if one creates an unclassified document on a Secret device, the resultant data is classified Secret, until it can be manually reviewed. Computer networks for sharing classified information are segregated by the highest sensitivity level they are allowed to transmit, for example, SIPRNet (Secret) and JWICS (Top Secret-SCI).
The destruction of certain types of classified documents requires burning, shredding, pulping or pulverizing using approved procedures and must be witnessed and logged. Classified computer data presents special problems. See Data remanence.
When a cleared individual leaves the job or employer for which they were granted access to classified information, they are formally "debriefed" from the program. Debriefing is an administrative process that accomplishes two main goals: it creates a formal record that the individual no longer has access to the classified information for that program; and it reminds the individual of their "lifetime commitment" to protect that information. Typically the individual is asked to sign another non-disclosure agreement (NDA), similar to that which they signed when initially briefed, and this document serves as the formal record. Note that the debriefed individual does not lose their security clearance; they have only surrendered the "need to know" for information related to that particular job.
The Department of Energy security clearance required to access Top Secret Restricted Data, Formerly Restricted Data, and National Security Information, as well as Secret Restricted Data, is a Q clearance. The lower-level L clearance is sufficient for access to Secret Formerly Restricted Data and National Security Information, as well as Confidential Restricted Data, Formerly Restricted Data, and National Security Information. In practice, access to Restricted Data is granted, on a need-to-know basis, to personnel with appropriate clearances. At one time, a person might hold both a TS and a Q clearance, but that duplication and cost is no longer required. For all practical purposes, TS=Q and S=L.
Contrary to popular lore, the Yankee White clearance given to personnel who work directly with the President is not a classification. Individuals having Yankee White clearances undergo extensive background investigation. Yankee White cleared personnel are granted access to any information for which they have a need-to-know, regardless of which organization classified it or at what level. The Yankee White clearance includes a requirement for absolute absence of any foreign influence on the individual. This means they must be a natural-born citizen of the United States, not be or have been married to a person of foreign descent, or have traveled (save while in government employ and at the instructions of the United States) to countries that are considered to be unfriendly to the United States.
See also the Single Scope Background Investigation below, along with explicit compartmented access indoctrination. Some compartments, especially intelligence-related, may require a polygraph examination, although the reliability of the polygraph is controversial. That the NSA uses it early in the clearance process while the CIA uses it at the end suggests how little agreement there is on the proper use, if any, of the polygraph.
In fact the terms refer to methods of handling certain types of classified information that relate to specific national-security topics or programs whose existence may not be publicly acknowledged, or the sensitive nature of which requires special handling.
The paradigms for these two categories, SCI originating in the intelligence community and SAP in the Department of Defense, addresses two key logistical issues encountered in the day-to-day control of classified information:
SAP and SCI implementation are roughly equivalent, and it is reasonable to discuss their implementation as one topic. For example, SAP material needs to be stored and used in a facility much like the SCIF described below.
Department of Energy information, especially the more sensitive SIGMA categories, may be treated as SAP or SCI.
A person is granted access to a specific compartment after the individual has: a) had a Single Scope Background Investigation similar to that required for a collateral Top Secret clearance; b) been indoctrinated (also called "read" or "briefed") into the nature and sensitivity of the compartment; and c) signed a non-disclosure agreement (NDA).
The individual then has access to all information in the compartment, regardless of its classification (and assuming a need-to-know). However, access does not extend to any other compartment; i.e., there is no single "SCI clearance" analogous to DoD collateral Top Secret. In fact, the individual may or may not hold a collateral DoD clearance at any level; a separate process must be initiated to obtain those. In practice, however, an individual granted SCI access would certainly qualify for a Secret clearance, and likely a Top Secret clearance; obtaining these, however, represents additional cost to the individual's employer, so it is not always pursued.
There is no public reference to whether SCI is divided in the same manner, but news reports reflecting that only the "Big 8" members of Congress are briefed on certain intelligence activities, it may be assumed that similar rules apply for SCI. The groups are
Examples of SCI topics are sensitive intelligence activities, nuclear secrets, and stealth technology. One or more compartments may be created for each area, and each of these compartments may contain multiple programs or projects (e.g., a specific reconnaissance satellite, ICBM, or stealth aircraft), themselves with their own codenames.
Specific compartmented programs will have their own specific rules. For example, it is standard that no person is allowed unaccompanied access to a nuclear weapon, or to command & control systems for nuclear weapons. Personnel with nuclear-weapons access are under the Personnel Reliability Program.
Some highly sensitive SAP or SCI programs may also use the "no lone zone" method (that is, a physical location into which no one is allowed to enter unaccompanied) described for nuclear weapons.
The United States also has a system of restrictive caveats that can be added to a document: these are constantly changing, but can include (in abbreviated form) a requirement that the document not be shared with civilian contractor or not leave a specific room. These restrictions are not classifications in and of themselves; rather, they restrict the dissemination of information within those who have the appropriate clearance level and possibly the "need to know" the information. Remarks such as "Eyes Only" also limit the restriction. One violating these directives might be guilty of violating a lawful order or mishandling classified information.
For ease of use, codewords or abbreviations have been adopted that can be included in the summary classification marking (header/footer) to enable the restrictions to be identified at a glance. Some of these codes are:
Classification level and caveats are typically separated by "//" in the summary classification marking. For example, the final summary marking of a document might be:
SECRET////NOFORN//ORCON//25X1
The U.S. Department of Energy recognizes two types of Restricted Data:
Documents containing such information must be marked "RESTRICTED DATA" (RD) or "FORMERLY RESTRICTED DATA" (FRD) in addition to any other classification marking. Restricted Data and Formerly Restricted Data are further categorized as Top Secret, Secret, or Confidential.
RESTRICTED DATA contains further compartments. The Department of Energy establishes a list of "SIGMA Categories for more fine-grained control than RESTRICTED DATA. Critical Nuclear Weapon Design Information (CNWDI) (colloquially pronounced "Sin-Widdy") reveals the theory of operation or design of the components of a nuclear weapon. As such, it would be SIGMA 1 or SIGMA 2 material, assuming laser fusion is not involved in the information.
Access to CNWDI is supposed to be kept to the minimum number of individuals needed. In written documents, paragraphs containing the material, assuming it is TOP SECRET, would be marked (TS)(RD)(N), where (N) is a shorter way of writing CNWDI. SIGMA information of especial sensitivity may be handled much like SAP or SCI material (q.v.)
For example, if the U.S. wanted to release classified information to the governments of France, UK, and Canada, it would mark the document "REL TO CAN, FRA, GBR." There are also group releases, such as NATO or UKUSA. Those countries would have to maintain the classification of the document at the level originally classified (TOP-SECRET, SECRET, etc.).
In practice, documents may be marked NOFORN EXCEPT (Country or countries).
Steven Aftergood, director of the Project on Government Secrecy at the Federation of American Scientists, and an expert on classified information, notes that "... inquiring into classified government information and disclosing it is something that many national security reporters and policy analysts do, or try to do, every day. And with a few narrow exceptions — for particularly sensitive types of information — courts have determined that this is not a crime." Aftergood notes that "The universe of classified information includes not only genuine national security secrets, such as confidential intelligence sources or advanced military technologies, but an endless supply of mundane bureaucratic trivia, such as 50-year-old intelligence budget figures, as well as the occasional crime or cover-up.
Various UFO conspiracies mention a level "above top secret" used for UFO design information and related data. They suggest such a classification is intended to apply to information relating to things whose possible existence is to be denied, such as aliens, as opposed to things whose potential existence may be recognized, but for which access to information regarding specific programs would be denied as classified. The existence of an “above top secret” classification is considered by some as unnecessary to keep the existence of aliens a secret, as they say information at the "Top Secret" level, or any level for that matter, can be restricted on the basis of need to know. Thus, the U.S. Government could conceal an alien project without having to resort to another level of clearance, as "need to know" would limit the ability to have access to the information. Some suggest that claims of the existence of such a classification level may be based on the unsubstantiated belief that the ‘’levels’’ of classification are themselves classified: As such they feel that books available claiming to contain "above top secret" information on UFOs or remote viewing should arguably be taken with a grain of salt.
Without making a judgment on if such classifications have been used for space aliens, it is a reality that even the name of some compartments was classified, and certainly the meaning of the code name. In the cited document, a (S) means the material it precedes is SECRET and (TS) means TOP SECRET. According to the Department of Defense directive. "the fact of" the existence of NRO was at the SECRET level for many years, and the fact of and the actual phrase "National Reconnaissance Program" (see Paragraph II). Paragraph V(a) is largely redacted, but the introduction to the documents clarifies [see Document 19] that refers to the now-cancelled BYEMAN code word and control channel for NRO activities. BYEMAN, the main NRO compartment, was classified as a full word, although the special security offices could refer, in an unclassified way, to "B policy".
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